There was a distinguished Greek philosopher named Protagorus who lives on today as the author of the phrase “man is the measure of all things”.
Among other things, he taught rhetoric and law. He took on a student named Euathlus with whom it was agreed that he pay his tuition fees when he won his first case. Euathlus was a smart student as you will see but not much of a lawyer. He attracted no clients.
Protagorus sued. The logic is impeccable. If Protagorus won, the fee was payable by order of the court. If Euathlus won the fee was payable under the terms of the contract. Heads I win, tails you lose.
Euathlus countered with the argument that in the event that the court found for him it would be finding that he was excused from paying the fee. If it found for Protagorus then Euathlus had still not won a case therefore the fee was not yet due.
bobmcgee 